093_HB2935
LRB093 06920 LCB 07066 b
1 AN ACT in relation to domestic violence.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 112A-24 as follows:
6 (725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
7 Sec. 112A-24. Modification and re-opening of orders.
8 (a) Except as otherwise provided in this Section, upon
9 motion by petitioner, the court may modify an emergency,
10 interim, or plenary order of protection:
11 (1) If respondent has abused petitioner since the
12 hearing for that order, by adding or altering one or more
13 remedies, as authorized by Section 112A-14; and
14 (2) Otherwise, by adding any remedy authorized by
15 Section 112A-14 which was:
16 (i) reserved in that order of protection;
17 (ii) not requested for inclusion in that order
18 of protection; or
19 (iii) denied on procedural grounds, but not on
20 the merits.
21 (b) Upon motion by petitioner or respondent, the court
22 may modify any prior order of protection's remedy for
23 custody, visitation or payment of support in accordance with
24 the relevant provisions of the Illinois Marriage and
25 Dissolution of Marriage Act.
26 (c) After 30 days following the entry of a plenary order
27 of protection, a court may modify that order only when
28 changes in the applicable law or facts since that plenary
29 order was entered warrant a modification of its terms.
30 (d) Upon 2 days notice to petitioner, in accordance with
31 Section 112A-11, or such shorter notice as the court may
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1 prescribe, a respondent subject to an emergency or interim
2 order of protection issued under this Article may appear and
3 petition the court to re-hear the original or amended
4 petition. Any petition to re-hear shall be verified and shall
5 allege the following:
6 (1) that respondent did not receive prior notice of
7 the initial hearing in which the emergency or interim
8 order was entered, in accordance with Sections 112A-11
9 and 112A-17; and
10 (2) that respondent had a meritorious defense to
11 the order or any of its remedies or that the order or any
12 of its remedies was not authorized under this Article.
13 (e) If the emergency or interim order granted petitioner
14 exclusive possession of the residence and the petition of
15 respondent seeks to re-open or vacate that grant, the court
16 shall set a date for hearing within 14 days on all issues
17 relating to exclusive possession. Under no circumstances
18 shall a court continue a hearing concerning exclusive
19 possession beyond the 14th day except by agreement of the
20 parties. Other issues raised by the pleadings may be
21 consolidated for the hearing if neither party nor the court
22 objects.
23 (f) This Section does not limit the means, otherwise
24 available by law, for vacating or modifying orders of
25 protection.
26 (g) The court may not revoke an emergency, interim, or
27 plenary order of protection or impose sanctions against the
28 petitioner solely for the reason that the petitioner returned
29 to the household of the respondent or did not stay away from
30 the respondent despite an order imposing a remedy under
31 paragraph (2) or (3) of subsection (b) of Section 112A-14.
32 If the petitioner voluntarily seeks the termination of the
33 order of protection, he or she shall not be prohibited from
34 filing for another order of protection against the same
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1 respondent.
2 (Source: P.A. 87-1186.)
3 Section 10. The Illinois Domestic Violence Act of 1986
4 is amended by changing Section 224 as follows:
5 (750 ILCS 60/224) (from Ch. 40, par. 2312-24)
6 Sec. 224. Modification and re-opening of orders.
7 (a) Except as otherwise provided in this Section, upon
8 motion by petitioner, the court may modify an emergency,
9 interim, or plenary order of protection:
10 (1) If respondent has abused petitioner since the
11 hearing for that order, by adding or altering one or more
12 remedies, as authorized by Section 214; and
13 (2) Otherwise, by adding any remedy authorized by
14 Section 214 which was:
15 (i) reserved in that order of protection;
16 (ii) not requested for inclusion in that order
17 of protection; or
18 (iii) denied on procedural grounds, but not on
19 the merits.
20 (b) Upon motion by petitioner or respondent, the court
21 may modify any prior order of protection's remedy for
22 custody, visitation or payment of support in accordance with
23 the relevant provisions of the Illinois Marriage and
24 Dissolution of Marriage Act. Each order of protection shall
25 be entered in the Law Enforcement Automated Data System on
26 the same day it is issued by the court.
27 (c) After 30 days following entry of a plenary order of
28 protection, a court may modify that order only when changes
29 in the applicable law or facts since that plenary order was
30 entered warrant a modification of its terms.
31 (d) Upon 2 days' notice to petitioner, in accordance
32 with Section 211 of this Act, or such shorter notice as the
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1 court may prescribe, a respondent subject to an emergency or
2 interim order of protection issued under this Act may appear
3 and petition the court to re-hear the original or amended
4 petition. Any petition to re-hear shall be verified and
5 shall allege the following:
6 (1) that respondent did not receive prior notice of
7 the initial hearing in which the emergency, interim, or
8 plenary order was entered under Sections 211 and 217; and
9 (2) that respondent had a meritorious defense to
10 the order or any of its remedies or that the order or any
11 of its remedies was not authorized by this Act.
12 (e) In the event that the emergency or interim order
13 granted petitioner exclusive possession and the petition of
14 respondent seeks to re-open or vacate that grant, the court
15 shall set a date for hearing within 14 days on all issues
16 relating to exclusive possession. Under no circumstances
17 shall a court continue a hearing concerning exclusive
18 possession beyond the 14th day, except by agreement of the
19 parties. Other issues raised by the pleadings may be
20 consolidated for the hearing if neither party nor the court
21 objects.
22 (f) This Section does not limit the means, otherwise
23 available by law, for vacating or modifying orders of
24 protection.
25 (g) The court may not revoke an emergency, interim, or
26 plenary order of protection or impose sanctions against the
27 petitioner solely for the reason that the petitioner returned
28 to the household of the respondent or did not stay away from
29 the respondent despite an order imposing a remedy under
30 paragraph (2) or (3) of subsection (b) of Section 214. If
31 the petitioner voluntarily seeks the termination of the order
32 of protection, he or she shall not be prohibited from filing
33 for another order of protection against the same respondent.
34 (Source: P.A. 87-1186.)